security correspondent jennifer griffin reports from the pentagon. >> at 4:50 a.m. on november 1, just days before the u.s. presidential election, two iranian frog foot fighter jets like these intercepted and fired twice upon an unmanned, unarmed u.s. predator drone over the persian gulf. it is the first time the iranians have ever fired on a u.s. drone. the shots missed on both attempts and iran's fighter pilots briefly pursued the drone which land safely at an undisclosed location. >> the incident occurred over international waters, approximately 16 nautical miles off the iranian coast line. our aircraft was never in iranian air space. it was always flying in international air space. the internationally recognized territorial limit is 12 nautical miles off the coast. and we never entered the 12 nautical mile limit. >> asked whether the i want was an act of war, the pentagon spokesman said he would not legally label it, adding the state department had protested through the swiss protective powers, which have represented the u.s. government in tehran since the u.s. embassy takeover in 1979.